Welcome to the RMH Assistant Manager Overtime Case Website

If you have been employed as an Assistant Manager (“AM”), including a Front of House Manager or Kitchen Manager, at an Applebee’s restaurant operated by RMH between December 8, 2014 and the present, you may be affected by this lawsuit.

What is the lawsuit about?

The lawsuit alleges that RMH misclassified AMs as “exempt” employees ineligible for overtime compensation under the FLSA (Fair Labor Standards Act), and failed to pay AMs overtime for hours worked over 40 in a workweek.

Defendants deny that they violated any laws or did anything wrong. The Court has not made any determination as to the merits of these allegations.

This lawsuit was filed on March 1, 2017, is known as Ivery v. RMH Illinois, LLC and RMH Franchise Holdings, Inc., Case No. 17 Civ. 1619, and is pending before the Honorable John J. Tharp Jr. in the United States District Court for the Northern District of Illinois.

Who is included?

The lawsuit is proceeding as a collective action on behalf of all AMs, including Front of House Managers and Kitchen Managers, who worked at Applebee’s restaurants operated by RMH at any time between December 8, 2014 and the present, and did not receive overtime compensation for hours worked over 40 in a workweek.

How do I participate in the lawsuit?

If an individual chooses to join this lawsuit, it is extremely important that they read, sign, and promptly return the Consent to Join form. The signed Consent to Join form must be postmarked, emailed, faxed, or submitted online by March 12, 2018. The Consent to Join form must be sent to:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

ASK TO BE INCLUDED

By signing and sending in the “Consent to Join” form included with the Notice, you will “opt in” and become part of this collective action lawsuit. If you choose to be included, you may be entitled to share in any monetary recovery that might come from a trial or a settlement in this lawsuit. You may be required to answer questions and produce relevant documents, and you may be required to testify under oath in court or in a deposition.

If you do not sign and send in the Consent to Join form, you will not join the collective action. This means that you forego the possibility of recovering back wages under federal law in this lawsuit, and if those bringing the lawsuit are successful, you will not be bound by any judgment or settlement. You retain your right to sue RMH separately.